Infinity Fed. Credit Union v. Dunne

Opinion

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION Docket No. RE-13-0079 INFINITY FEDERAL CREDIT UNION, rvM- ctANt~~~j3fot7 Plaintiff ORDER ON PLAINTIFF'S V. MOTION FOR SUMMARY JUDGMENT SARAH E. DUNNE,

Defendant

The plaintiff seeks a summary judgment on its complaint for foreclosure. For the

following reasons, the motion is denied.

The plaintiff has failed to establish the foundation necessary for consideration of

Affiant Bryan Mills's testimony and the business records referred to in his affidavit.

(Mills Aff. ~~ 4-6.) See Beneficial Maine, Inc. v. Carter, 2011 ME 77, ~~ 14-16, 25 A.3d

96; HSBC Mortgage Services, Inc. v. Murphy, 2011 ME 59,~ 10, 19 A.3d 815; M.R. Evid.

803(6) (records made "by, or from information transmitted by, a person with

knowledge"); M.R. Civ. P. 56(e).

The plaintiff must "certify proof of ownership of the mortgage note ...." 14

M.R.S. § 6321; see Bank of Am., N.A. v. Cloutier, 2013 ME 17, ~ 16, 61 A.3d 1242. In its

statement of material facts, the plaintiff states that the defendant executed and

delivered the note to the plaintiff and there have been no assignments or endorsements.

The note was amended by a loan modification. The plaintiff certified it is the holder of

the note. (Pl.'s S.M.F. ~~ 9-11.)

The entry is

The Plaintiff's Motion for Summary I

Dated: ____,£'---""-11_,_3___.._~ ~=--~- Nancy Justice, Superior Court INFINITY FEDERAL CREDIT UNION VS SARAH E DUNNE UTN:AOCSsr -2013-0002573 CASE #:PORSC-RE-2013-00079

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